UNIT 1: Foundations of American Democracy

The Stamp Act of 1765

Levied tax on colonial paper products

GB & Colonies: No one can have property taken w/o consent

• GB assumed colonies were “virtually represented” in Parliament = assumed colonies consented to Stamp Act

  • Election & comprehensible electoral districts were incidental to representation

  • Mutuality of interests that Parliament shared w/British people, the commons (they assumed colonies were apart of)

• Colonies disagreed w/ “virtual representation”

  • Believed in actual representation — recently created electoral districts

    • Voting = representation (Colonies couldn’t vote for Parliament, so they had no representation)

Doctrine of Sovereignty

Declared that in each state there must be 1 final, supreme, indivisible lawmaking authority (Parliament)

GB revokes DoS out of frustration w/colonists

• They either accept the Parliament or don’t

Colonists choose to be outside Parliament’s authority → tried to king

• independence: abuses of the king, barely acknowledged Parliament

The Declaration of Independence

1776 Document by Thomas Jefferson declaring freedom of American Colonies from Britain

Determines what a government should look like

John Locke’s Natural Rights of life, liberty, and property

Popular Sovereignty

The principle that a government derives its power from the consent of the people, primarily through elected representatives

John Locke’s Two Treaties

Consent of the governed

• most important issue of the revolutionary era

• Representation = Consent

Federalism

A key constitutional principle that calls for the division/separation of power across local, state, and national levels of government

Constitution lists exclusive powers that belong to the national/state government

Bill of Rights

The first 10 amendments added in 1789 as a compromise to get the Constitution ratified; protected rights

• First 8 are rights-bearing for individuals

  • Freedom of speech; freedom of religion; right to be free from unreasonable searches and seizures, etc.)

• Last 2 are reservations of power for states and individuals (NO TYRANNY!)

Republic

A form of government in which the power to govern comes not directly from the citizens but rather representation by elected officials

Participatory Model of Democracy

Less filtered, more personal; individuals represent themselves and participate in gov’t/politics

Ex: voting, attending local meetings, protesting, etc

Pluralist Model of Democracy

Somewhat filtered, somewhat personal; individuals represented through factions/interest groups; non-gov’t groups compete against each other

Ex: group helping in elections, letters to Congress, etc.

Elite Model of Democracy

More filtered, less personal; Policymaking institutions influenced by the wealthy and powerful

Wealthy and powerful have more weight when testifying at hearings, communicating with Congress, etc.

Federalist 10

Essay in which James Madison argues that the power of factions is best controlled through a republican form of government

Factions

Groups of like-minded people who try to influence the government and public policy

Direct Democracy

Citizens able to decide on policy and governmental action directly

Articles of Confederation

First governing document that attempted to establish a confederal government

• Unicameral legislature: Congress

  • 1 vote per state

• 2/3 majority necessary to pass for most legislative powers

• 1 year terms

• When not in session, a committee of States had full powers of Congress

• No executive/judiciary branch

• States establish courts

• State disputes handled by Congress

  • Congress = weak

States made wide variety of individual constitutions that ranged from VERY democratic (PA)/low requirements for voting to very elitist (MA)/very little rep+strict requirements

REASONS:

• Native American issues

• Against domestic insurrections (S)

  • Slave revolts

• Negotiate w/foreign powers

  • A LOT of debt, GB

• Different perspectives on what Articles were

  • Constitution implying basic principals & laws of nation

Confederal Government

Form of government in which states hold power over limited national government

Unicameral

A one-house legislative body

Shays’ Rebellion

January 1787 - July 1787

Armed revolt with 1000+ armed soldiers in Massachusetts to protest high taxes and the loss of their farms due to debt

Constitutional Convention

1787

Assembly aimed to revise Articles of Confederation → proposed an entirely new framework for the federal government

Bundle of compromise in Constitution only satisfied 55 delegates present

• 2 States take negative action

  • RI doesn’t send delegates

  • NC votes no

• Rest of the states vote YES

• 8/12 propose 210 amendments to the Constitution

Compromise struct w/proposal + ratification of 10 amendments = BILL OF RIGHTS

U.S. Constitution

1788

Established a federal form of government that distributed powers between strong central government and the individual states

Virginia Plan

Constitutional Convention 

Large states

Favored representation based on population size

New Jersey Plan

Constitutional Convention

Small states

Favored equal representation among all the states

Bicameral

A legislative body that consists of two houses

U.S. Congress

The Great Compromise

A.K.A. the Connecticut Compromise

House of Representatives is larger & directly elected by the citizens to serve 2 year terms (REPRESENTATION!)
Senate has 2 seats per state selected by state legislature until 17th Amendment

Democracy/Republicanism

Anyone who is a citizen can vote directly for representatives

HOUSE OF REPRESENTATIVES
Elected, largest part of Congress, terms = 2 yrs

Oligarchy

State interests funneled

SENATE (Constitution: appointed by state legislatives)
2 per state, only 100, terms = 6 yrs

Monarchy

Ruled by one

PRESIDENCY

3/5 Compromise

Constitutional Convention

Each enslaved person counted as 3/5 of a person for determining # of Representatives in the House & the distribution of taxes

Electoral College

System for electing the president

Electoral Votes per state = # of representatives + # of senators

Federalists

Favored a strong central government that could manage the nation’s debt, foreign policy, and other political affairs

Anti-Federalists

Opposed strong-central government out of fear that it would become too powerful, instead favoring for power to remain in state and local governments

Brutus 1

Anti-federalist document about the concern that the central government would gain too much power and violate the individual rights/liberties of its citizens

The Federalist Papers

James Madison, Alexander Hamilton, & John Jay

Set of essays in favor of a strong national government and why

Ratification

An official authorization of a constitutional amendment, treaty, or other piece of legislation

Mandates

Official legal orders for states to comply with federal laws

Compliance = Money (incentives)

Unfunded mandates: States must comply, no money (f.e. Americans with Disabilities Act)

Separation of Powers

Division of government power across executive, legislative, and judicial branches

Checks and Balances

A system in which each branch of government has some power over the others in order to limit the abuse or accumulation of power by one branch

Federalist 51

James Madison

Essay that addresses concerns of Anti-Federalists, promoting the ratification of the Constitution and arguing that separation of powers would prevent any one part of the government from becoming too powerful

• B1: “Gov’t possesses absolute and uncontrollable powers”

  • M51: “You must…in the next place oblige [the government] to control itself”

• B1: “Gov’t passes absolute and uncontrollable power, l, e, and j, w/respect to every object

  • M51: “each dept. has will of its own = members should have as little agency as possible in appointment of members of others”

• B1: “Maybe not there, but it is so close that it will be awful if implemented the way it’s presented”

  • M51: “Interior structure of gov’t as that its several…parts may, by…natural relations (& motives) [keep] each other [in check]”.

• B1: “Sovereignty of states will be destroyed

  • M51: Checks that balance

“Men won’t do the right thing on their own” → Gov’t must be set to control the governed and make it necessary to control itself

Legislative authority predominates → divide into parts

Executive power should be the WEAKEST

Legislative branch

Branch of government that makes laws, regulates interstate and foreign commerce, controls taxation, creates spending policies, and oversees other branches of government

Congress

Judicial Branch

Branch of government that provides judicial interpretation and review of laws

U.S. Supreme Court & Federal Judicial System

Executive Branch

Branch of government that carries out and enforces laws

President, vice president, Cabinet, executive departments, independent agencies, etc.

Enumerated Powers

Powers that are expressly written in the Constitution

Implied Powers

Powers supported by the Constitution that are not expressly stated in it

Elastic Clause/Necessary & Proper Clause

Article I

Congress is given the implied power to expand the scope of its enumerated powers

Inherent Powers

Powers that do not rely on specific clauses of the Constitution

Usually these powers are in the area of foreign affairs and grow out of the very existence of the national government

power to recognize foreign states

Reserved Powers

Powers that are neither delegated to the federal government nor denied to the states

Not expressly listed in the Constitution → guaranteed to the states by the 10th Amendment

Concurrent Powers

Powers held by both state and federal governments

Levy taxes (Some state shave own income taxes, most have sales taxes)
Maintaining roads and thoroughfares
Creating courts
Borrow money

Prohibited Powers

“Restricted Powers”

Denied to the federal governments, state governments, or both

Tenth Amendment

Gives state governments any powers that are neither delegated to the federal government nor denied to the states by the Constitution 

Police powers

• Education, health, marriage, etc.

• Morality

  • Legal drinking/gambling age, state lottery, etc.

Supremacy Clause

Article VI

Constitutional laws and treaties are “supreme law of the land”

Dual federalism

A concept of federalism in which national and state governments are seen as distinct entities providing separate services, thereby limiting the power of the national government

Layer cake

until mid-late 1800s

• States become centers of manufacturing, transportation, and business

  • Federal gov’t got more interested in regulating commerce

• Local problems → national

  • Interstate transport of goods and bad business → federal regulations for workplace, banking, railroads, equal treatment, lower crime, etc.

• NEW DEAL

  • Congress able to define interstate commerce

  • Co-operative (marble cake) federalism begins

Co-operative federalism

A concept of federal and state governmental units working together equally to make policy and to provide goods and services to citizens

Marble Cake

Begins w/New Deal
Congress able to define interstate commerce and economy

Revenue Sharing / Co-op federalism

The distribution of tax dollars or other revenue from one level of government to another

• Devolution (Carrot on a stick)

  • Depending on President’s agenda/political climate: revenue sharing expanded, consolidated, & given → states control

  • Exerts more control over states

    • Fed gov’t only gives money to the State project if the state does what they’re supposed to do

Fiscal Federalism

A concept of federalism in which funding is appropriated by the federal government to the states with specific conditions attached

Categorical grant

Money from federal government that comes with rules and restriction on how it is used; money must be used for a very specific purpose

“Strings attached”
Spending is connected to special areas of need (state healthcare, roadwork, elder care, etc.)'

Block Grant

Federal money given to states to achieve a general policy goal; states are given discretion on how to specifically allocate the money

More money, no “strings”
States can choose where to spend money (education, community development, large purposes)

New Federalism

McCulloch v. Maryland (1819)

Supreme Court decision that affirmed the constitutionality of implied legislative powers by holding that the Necessary and Proper Clause authorizes Congress to create a national bank

Established supremacy of U.S. Constitution & Federal Laws > State laws

Commerce Clause

Article I, Section 8

Gives Congress power to regulate international and interstate trade and commerce

United States v. Lopez (1995)

The Supreme Court ruled that the Gun-Free School Zones act of 1990 was unconstitutional because Congress had exceeded its authority under the Commerce Clause

Obligations of States and Fed. Gov’t on eachother

Full Faith and Credit

• Official documents (marriage licenses, divorce papers, birth certificates, & drivers licenses) are valid everywhere

Extradition

• Commit a crime and flee to a different state, that state must terun you to the state where you committed the crime

Privileges and immunities

• Prevents states from discriminating against non-residents; protect visitors

New Federalism

Nixon & Reagan

More power to the states
Block Grants

Devolution (States can force regulations)

10th amendment (reserve powers)

Access Points

Opportunities/places where stakeholders and institutions can interact with parts of the government

• CONGRESS

  • Meet w/member of Congress (less likely to meet with a senator)

    • Discuss how Congress actions impact people in your group

  • Vote & Elect

  • Donate $ to reelection campaign

  • Get attention

    • protests, advocacy, etc.

  • Join interest groups

• THE PRESIDENT

  • Meet w/president to discuss interests/concerns (very rare)

  • Donate $ to reelection campaign

• FEDERAL COURTS

  • Submit AMICUS CURIAE briefs to influence court’s opinion

    • Briefs that give info to members of federal court about a case

      • “here’s how you should rule and why”

  • Large protests in front of SCOTUS building

    • Not likely to influence members of court BUT draws attention of President and Congress who might consider ways of action

Stakeholders

individuals, groups, or organizations with an interest in a policy’s outcome

Institutions

Established organizations/rules that govern society

“Factions”

Small opposing group (usually political) that can threaten the government and the rights of other citizens, especially those in the minority

“interest groups”

Madison’s “Pure Democracy”

Small # of citizens, government can be handled in person, no check bribes to sacrifice political disagreements, weak

Large Republic

The best form of government/country

Larger # of voters = greater diversity = higher probability of a fit representative = lower probability of an unfit/corrupted representative

Madison’s “just right” proportion of representatives to citizens or constituents

Too many electors = poor representation because they are not familiar to their local issues and lesser interests at the same time

Too little electors = poor representation because they have more than a necessary interest in their local issues, but lesser interest in the national interest at large

Balance proportion = federal Constitution becomes more ideal as it satisfies the interests of all levels of government